Do the heirs of a murdered victim have the choice between execution (Qisas) or monetary compensation (Diyah) when there are multiple murderers?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If there are multiple killers, the heirs have the absolute right to execute all of them. Alternatively, they have the right to execute some, pardon others, and accept Diyah from those for whom the execution is waived. The right to pardon some does not negate the right to execute others, as each killer is considered a distinct person, analogous to how pardoning one of two separate murderers does not negate the right to execute the other.
Supporting text
A view held by Al-Nakha'i, Malik, and Abu Hanifah states that the heirs only have the right to execution unless they mutually agree upon Diyah with the consent of the injurer. Their evidence is based on the verse: {Retaliation is prescribed for you in the slain} (Quran 2:178), arguing that what is prescribed must be followed, and since it is a required replacement for a destroyed entity, the replacement is specific, like other required substitutes for damaged property.